InsaneJournal.com is a web-based service that allows its users to create
and update online journals (herein referred to as "InsaneJournal", or
"the Service"). The Service can be updated through a web browser as
well as by the use of a free downloadable clients ("the Software").
Once registered with InsaneJournal.com, each user receives his or her
own journal space to post text, data, messages, or information
concerning or linked to software, music, sound, photography, graphics,
and video ("the Content"). This Content may reside on InsaneJournal's
servers or on the servers of a third party.

ACCOUNT STRUCTURE

InsaneJournal currently has a four-tier account structure. All accounts
are available in accordance with local law including the Children's
Online Protection Privacy Act (COPPA) which restricts children under the age of 13 from registering;

Free Accounts: InsaneJournal.com accounts are available for free
to all valid registrants. Free accounts offer a limited number of
features in relation to the other accounts offered.

Early Adopter: No longer open to new users, this account was
created and made available to users registered before Janurary
27, 2003. Early Adopters are offered extended features over free
account users, but do not receive any new pay features.

Paid Accounts: Paid accounts are available for term-based fee
and offer users all extended and basic features that InsaneJournal.com
offers. These accounts are issued in accordance with the terms set
forth by http://www.insanejournal.com/paidaccounts/ .
Paid accounts are non-transferable and non-refundable. Once a
username is chosen and paid for, that user owns it until the journal
is deleted, whether by InsaneJournal.com or the user.

Permanent Accounts: These accounts have access to all
the paid account features for as long as the site continues to
run, with no recurring fees. These accounts are generally
bestowed upon the InsaneJournal.com founders, administrators, or
those that have earned a Permanent Account by virtue of "Work
Excellence" for InsaneJournal.com. As well as those who purchase
one during a time when the site is running a sale InsaneJournal administrative
communities such as news, development, et al. are also established
as Permanent Accounts for the benefit of InsaneJournal users.

For a full overview of the features offered to each account type, see
(What are the different account types?).
You hereby agree to this structure, and to InsaneJournal.com's right to
change, modify, or otherwise discontinue any type of account and/or
its respective services.

YOUR REGISTRATION OBLIGATIONS

Account registration and verification is required in order to create a
InsaneJournal.com account. During registration, all users are required to provide
accurate, complete and current information about themselves in all
required fields. Should any of your own information change after
submitting it to InsaneJournal, you are hereby required to update that
information as soon as possible. Should InsaneJournal.com suspect that
your personal information is not complete, current, or accurate, your
account may be subject to suspension or termination. Should you feel
that InsaneJournal.com's privacy policy is not sufficient for
you to complete the registration form truthfully, please email your
policy concerns to privacy@insanejournal.com.

You agree to indemnify and hold InsaneJournal.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorney fees, made by any third party due to or arising out of your
Content, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another,
whether you are a registered user or not. The user is solely
responsible for his or her actions when using the Service, including,
but not limited to, costs incurred for Internet access.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that InsaneJournal.com may establish limits concerning
use of the Service and may modify these limits at any time.

MODIFICATIONS TO SERVICE

InsaneJournal.com reserves the right to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice at any time. You agree that InsaneJournal.com shall not
be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service.

TERMINATION

You agree that InsaneJournal.com, in its sole discretion, may terminate
your password, journal, or account, and remove and discard any content
within the Service, for any reason, including and without limitation,
the lack of use, or if InsaneJournal.com believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. Any
contracts, verbal or written or assumed, in conjunction with your
deleted journal and all its parts, at InsaneJournal.com's discretion,
will be terminated as well. InsaneJournal.com may also in its sole
discretion and at any time, discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree
InsaneJournal.com may immediately deactivate or delete your
InsaneJournal.com journal and all related information and files.
InsaneJournal.com reserves the right to bar any further access to such
files or the Service. You agree that InsaneJournal.com shall not be
liable to you or any third-party for any termination of your access to
the Service. Paid accounts that are terminated will not be refunded.

ADVERTISEMENTS AND PROMOTIONS

InsaneJournal.com has decided to remove all banner advertisements and
promotions on InsaneJournal.com journals. However, InsaneJournal.com
reserves the right to run advertisements and promotions on the
InsaneJournal.com service in the future. By using InsaneJournal.com, you
agree that InsaneJournal.com has the right to run such advertisements
and promotions with or without prior notice, and without recompense to
you or any other user. The manner, mode and extent of advertising by
InsaneJournal.com on your journal are subject to change. You agree that
InsaneJournal.com shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.

LINKS

The Service, or relevant third parties, may provide links to other web
sites or resources. Because InsaneJournal.com has no control over such
sites and resources, you acknowledge and agree that InsaneJournal.com is
not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
InsaneJournal.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such content, goods or
services available on or through any such site or resource.

INSANEJOURNAL.COM PROPRIETARY RIGHTS

You must acknowledge and agree that the Service, and any necessary
software used in connection with the Service (referred to as
"Software"), may contain proprietary and confidential information that
is protected by applicable laws governing intellectual property,
proprietary rights and the like. All InsaneJournal code and
specifications are subject to their said or implied licenses.

JOURNAL CONTENT

Guidelines for posting to your online journal shall be as follows:

All Content posted to InsaneJournal.com in any way, is the
responsibility and property of the author. InsaneJournal is
committed to keeping the Service in decent standing for all
audiences but is not responsible for the monitoring or
filtering of any journal Content. Within the confines of
international and local law, InsaneJournal.com will not place a
limit on the type, or appropriateness of user content within
journals. Those users posting material not suitable for all
audiences must agree that they are fully responsible for all
the content they have posted anywhere on the service. Should
content be deemed illegal by such law having jurisdiction over
the user, InsaneJournal.com is committed to submitting all
necessary information to the proper authorities;

Should any Content be reported to InsaneJournal.com as being
offensive or inappropriate, InsaneJournal.com might call upon the
author to retract, modify, or protect (by means of private and
friends only settings) the Content in question within a
reasonable amount of time, as set forth by the InsaneJournal.com
staff. Should the author fail to meet such a request from
InsaneJournal.com staff, InsaneJournal.com has the full authority
to terminate any such reported and verified offensive account
holding such inappropriate content. InsaneJournal.com, however,
is under no obligation to restrict or monitor journal Content
in any way;

InsaneJournal.com claims no ownership or control over any Content
posted by its users. The author retains all patent, trademark,
and copyright to all Content posted within available fields,
and is responsible for protecting those rights, but is not
entitled to the help of the InsaneJournal.com staff in protecting
such Content;

InsaneJournal.com reserves the right, without limitation except
by law, to serve user Content on the web according to the
security provisions set forth by the author. InsaneJournal.com
also reserves the right, without limitation, to resell any
portion of a user's InsaneJournal back to that
individual;

You acknowledge that InsaneJournal.com does not pre-screen
Content, but that InsaneJournal.com and its designates shall have
the right (but not the obligation) on their sole discretion to
refuse or remove any Content that is available through the
Service. Without limiting the foregoing, InsaneJournal.com and
its designates shall have the right to remove any content that
violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use
of any content, including any reliance on the accuracy,
completeness, or usefulness of such content. Furthermore,
InsaneJournal.com reserves the right to limit access to your
journal, if found in violation of the TOS, by removing the
journal and related user information from the member directory,
search engine, and all other methods used in conjunction with
finding InsaneJournal.com's users.

MEMBER CONDUCT

You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials,
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content
originated. InsaneJournal.com does not control Content posted via the
Service and, as such, does not guarantee the validity of such
Content. You also understand that by using the Service, you may be
exposed to Content that is offensive, indecent or
objectionable. Should Content be found or reported to be in violation
with, but not limited to, the following terms, it will be
InsaneJournal.com's sole discretion as to what action should
be taken.

You agree to NOT use the Service to:

Upload, post or otherwise transmit any content that is in
InsaneJournal.com's opinion to be unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive to another's privacy
(up to, but not excluding any address, email, phone number,
or any other contact information with out the written
consent of the owner of such information), hateful, or
racially, ethnically or otherwise objectionable;

Harm minors in any way, as seen by InsaneJournal.com or
applicable law;

Impersonate any person or entity, including, but not
limited to, a InsaneJournal.com staff member or volunteer,
or falsely state or otherwise misrepresent your
affiliation with a person or entity;

Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted
through the Service;

Upload, post or otherwise transmit any content that
you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside
information, proprietary and confidential information
learned or disclosed as part of employment relationships
or under nondisclosure agreements);

Upload, post or otherwise transmit any content that
infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;

Upload, post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation;

Upload, post or otherwise transmit any material that
contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;

Interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service;

Intentionally or unintentionally violate any
applicable local, state, national or international law,
including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of
any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations
having the force of law;

"Stalk" or otherwise harass another person or company;

Collect or store personal data about other users for
business purposes;

Promote or provide instructional information about
illegal activities, promote physical harm or injury
against any group or individual, or promote any act of
cruelty to animals. This may include, but is not limited
to, providing instructions on how to assemble bombs,
grenades and other weapons or incendiary devices;

Use InsaneJournal.com as a forwarding service to another
website;

Allow usage by others in such a way as to violate
InsaneJournal.com's TOS;

Engage in commercial activities within InsaneJournal or
on behalf of InsaneJournal.com without prior approval. This
includes, but is not limited to, the following
activities:

Displaying a banner that is designed to profit you
or any other business or organization; and

Displaying banners for services that provide cash or
cash-equivalent prizes to users in exchange for
hyperlinks to their web sites.

If any user is reported to be in violation with the letter or
spirit of these terms, InsaneJournal.com retains the right to
terminate such account at any time without further warning.

VOLUNTEERS AND INSANEJOURNAL.COM

InsaneJournal.com is largely a volunteer-run project whose primary intent is to
provide high quality, community driven on-line services. To achieve
this goal, InsaneJournal.com volunteers are often called upon to perform
a variety of technical and non-technical tasks, including, but not
limited to, programming, the creation of web-based content (HTML, BML,
and other formats), graphic design, audio and/or visual content
creation, technical writing, managing electronic data libraries and/or
databases, technical support, reviewing, categorizing, legal
assistance, archiving and/or forwarding electronic data, providing
expert advice, administration, management, accounting, research,
content creation, promotions, or other assignments, as needed. All
volunteers are expected to be of legal age, or volunteering with the
consent of a legal parent or guardian.

By accepting these Terms of Service, any InsaneJournal.com member
agrees that the intellectual content created as a result of
volunteer work for InsaneJournal.com constitutes a work for hire and
that all intellectual property rights in said content shall vest in
InsaneJournal.com at the time that it is created to the extent
permitted by law. If laws prevent such vesting, the volunteer makes
assignment of all such rights to InsaneJournal.com at the time of
creation.

If laws prevent such assignment, the volunteer grants a perpetual
world wide irrevocable license to InsaneJournal.com to use said
content. If laws prevent such licensing, the volunteer agrees never
to sue InsaneJournal.com for the use of said content.

The volunteer certifies that any electronic data he/she submits is
his/her work and that to the best of the volunteer's knowledge, the
electronic data is not claimed by another. InsaneJournal.com will
provide sufficient tools, training and direction to the volunteer
as necessary to accomplish mutual goals. The volunteer agrees to
insure that any work provided is correct, error free and does not
contain any inflammatory language, indecency or obscenities.
Furthermore, if said work is found to be illegally presented,
claimed, or forged, InsaneJournal.com will remove such material and,
at InsaneJournal.com's discretion, seek action against the
individual(s) from which the work originated.

No InsaneJournal user is required to become a volunteer to this
service, and users without volunteer status are guaranteed
reasonable support and attention as compared to those users that
are volunteers.

Without the expressed written confirmation to the contrary, all
InsaneJournal.com positions are assumed to be taken without pay or
future consideration.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INSANEJOURNAL.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.

(b) INSANEJOURNAL.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM INSANEJOURNAL.COM OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INSANEJOURNAL.COM SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
INSANEJOURNAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

GENERAL INFORMATION

The TOS constitutes the entire agreement between you and
InsaneJournal.com and governs your use of the Service, superseding any
prior agreements between you and InsaneJournal.com (including, but not
limited to, any prior versions of the TOS). The laws of the State of
Florida, U.S.A, shall govern the TOS and the relationship between you
and InsaneJournal.com, without regard to its conflict of law
provisions. You and InsaneJournal.com agree to submit to the personal
and exclusive jurisdiction of the courts located within Palm Beach
County, Florida, U.S.A. The failure of InsaneJournal.com to exercise or
enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the TOS are for
convenience only and have no legal or contractual effect.

VIOLATIONS

Instructions on how to report violations of these Terms of Service
may be located at the FAQ "How
do I contact the Abuse team?" To expedite the processing of your
report, please carefully follow these instructions.